Southern District

Meredith v. Roberts (In re Roberts)

Debtor filed a petition under chapter 7 of the Bankruptcy Code in 2011, and after his case was converted to one under chapter 13 of the Bankruptcy Code, the court confirmed the debtor's chapter 13 plan. The chapter 13 trustee moved for an order dismissing the debtor's case after he learned that the debtor failed to disclose approximately $20,000 in income that was earned by his wife. The court held a hearing on the trustee's motion.
Ruling: 
Chapter 13 case dismissed with prejudice due to debtor's failure to disclose spouse's income.
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Consumer case opionion summary, case decided on January 24,2013, LexisNexis #0313-100

In re Jerath Hospitality LLC

Chapter 11 debtor submitted its proposed plan for confirmation. The proposed plan would pay the obligation owing to the state department of revenue's claim amortized over forty-eight monthly installments with a lump sum payment due prior to the sixtieth month following the petition date. The department of revenue filed an objection to the plan.
Ruling: 
Bankruptcy Code language requiring "regular payments" under plan did not preclude balloon payments.
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Commercial case opionion summary, case decided on December 18,2012, LexisNexis #0113-030

Boudreaux v. Sheffield (In re Sheffield)

Citing 11 U.S.C.S. § 363(h), movant, the chapter 7 trustee for debtor daughter, asked the court to authorize a forced sale of a residence in which debtor had a remainder interest. The co-owners of the residence were debtor's parents. At issue was whether the benefit to be realized by debtor's estate upon such a sale outweighed the detriment to her parents.
Ruling: 
Court denied motion for sale of residence where detriment to holders of life estate outweighed benefit to estate of debtor holding remainder interest.
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Consumer case opionion summary, case decided on December 14,2012, LexisNexis #0113-066

ClearOne Communs. Inc. v. Bowers (In re Bowers)

Chapter 7 debtor filed a motion for sanctions pursuant to 11 U.S.C.S. § 362(k) and Fed. R. Bankr. P. 9011 against a creditor and objected to the trustee's final report and application for compensation addressing proposed distributions to the creditor.
Ruling: 
Creditor's pursuit of sanctions against third parties and surveillance of debtor as research for service of process did not violate stay.
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Consumer case opionion summary, case decided on December 10,2012, LexisNexis #0113-008

Thompson v. Barbee (In re Barbee)

Plaintiff creditors sought a denial of discharge of all of the debtor's obligations pursuant to 11 U.S.C.S. § 727(a)(4)(A), and alternatively sought a determination that a $100,000 loan from the creditors to the debtor was non-dischargeable pursuant 11 U.S.C.S. § 523(a)(2)(A), (4) and (6).
Ruling: 
Loan debt was nondischargeable due to debtor's fraudulent misrepresentation that he would use receivables to repay creditor.
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Consumer case opionion summary, case decided on September 25,2012, LexisNexis #1212-081

In re McClendon

The ex-wife of a chapter 13 debtor filed a proof of claim for child support arrearages and then filed an objection to confirmation of the plan.
Ruling: 
Confirmation denied where domestic support obligation payment exceeded scheduled plan payment.
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Consumer case opionion summary, case decided on September 17,2012, LexisNexis #1012-031

In re Waltower

Movant property owners filed a motion pursuant to 11 U.S.C.S. § 362(j), seeking confirmation that the automatic stay that was imposed when debtors declared chapter 13 bankruptcy was no longer in effect as to real property the debtors surrendered to a bank. The court held a hearing on the owners' motion.
Ruling: 
Automatic stay terminated with regard to property surrendered to bank.
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Consumer case opionion summary, case decided on September 07,2012, LexisNexis #1012-045

In re Whigham

An entity and a married couple whose cases were being jointly administered (collectively, the debtors), filed a joint motion to extend the exclusivity periods within which to file a plan and obtain acceptances pursuant to 11 U.S.C.S. § 1121(d). A creditor objected to the motion.
Ruling: 
Motion to extend exclusivity periods granted due to good faith progress towards reorganization.
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Consumer case opionion summary, case decided on September 06,2012, LexisNexis #1012-026

Brown v. Branch Banking & Trust Co. (In re Brown)

Plaintiff debtor filed this adversary proceeding alleging that defendant creditor was: (1) in willful contempt of the Confirmation Order, (2) in willful violation of the automatic stay under 11 U.S.C.S. § 362, and (3) liable for damages under 11 U.S.C.S. § 362(k). Debtor sought actual damages as well as punitive damages in the amount of $150,000 and attorney fees and litigation expenses. The creditor moved to dismiss, Fed. R. Civ. P. 12(b)(6).
Ruling: 
Creditor did not violate stay by failing to take affirmative steps to accept surrendered property.
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Consumer case opionion summary, case decided on September 04,2012, LexisNexis #1012-073

In re Ward

Before the court was debtor's modification of plan after confirmation and the chapter 13 Trustee's objections thereto. Debtor filed this modification after confirmation (MAC) seeking to reduce the monthly payments to $200/month because debtor was unable to make the $2,500/month step up payment because his current income and expenses demonstrated the ability to pay less than the amount in the confirmed plan.
Ruling: 
Postconfirmation modification granted over trustee's objection due to failure of debtor to realize anticipated substantial increase in income.
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Consumer case opionion summary, case decided on August 24,2012, LexisNexis #0912-138

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